While some states in the US have legalized the use of marijuana for medical purposes, it is important for our Broward county clients to know that it has not been made legal by the state of Florida, where you can encounter some of the toughest laws in this regard. This is especially important due to the significant occurrence of this type of cases in the state. All marijuana offenses are governed by The Florida Comprehensive Drug Abuse Prevention and Control Act, Section 893.13
It includes acts involving marijuana that are prohibited and punished by law:
• Simple possession refers to possessing more than 20 grams of marijuana. A conviction of this offense can result in a misdemeanor of the first degree. Even this seemingly minor offense can lead to up to 365 days in county jail and up to a $1000 fine.
• Possession of marijuana paraphernalia is a misdemeanor of first degree.
• Felony possession is defined as possession of marijuana more than or equal to 20 grams, and can result in a felony of third degree.
• Cultivation of marijuana can result in a felony of the third degree, and includes growing, producing, cultivating or making marijuana, either synthetically or naturally.
• Trafficking refers to selling or distributing marijuana in the state of Florida. Trafficking less than 25 pounds can result in a felony of the third degree conviction. Trafficking 25 to 2,000 pounds of marijuana or 300 to 2,000 plants can result in a felony of second degree conviction. Trafficking marijuana over 2,000 pounds is a felony of first degree.
If you are involved in this type of legal issues, the first thing you need to do is search for an experienced and specialized criminal defense lawyer, like our criminal defense law team in Fort Lauderdale. An experienced criminal defense attorney can help you prepare a defense that can potentially dismiss your charge or reduce it to a lesser offense. In this context, there are a few procedural aspects that can be used in court as a criminal defense, including the illegal search of your home, person or car or failure of the law enforcement representative to read you the Miranda rights.